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Publication Date: 2018-08-28
Practice Area: Civil Procedure | Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1006
Defendant was found in contempt for failing to comply with the court's prior orders requiring that she submit to certain evaluations. Because defendant's statement on appeal was vague, the court concluded she waived any issues for appeal.
Publication Date: 2018-08-21
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0987
Trial court properly found husband in civil contempt of its order requiring him to make payments to wife under the parties' equitable dis-tribution agreements and properly imposed sanctions in the form of counsel fees in favor of wife because wife showed husband had notice of the order, he had the ability to pay and he chose not to do so and husband's arguments about wife's allegedly false testimony at an earlier hearing were not before the court since he had squandered his opportunity for appellate review of those claims by failing t
Publication Date: 2018-08-21
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0970
Where wife filed an untimely petition to open and modify the parties' marital settlement agreement, the trial court lacked authority to open the divorce decree due to intrinsic fraud and the question of whether intrinsic fraud existed was moot. The appellate court reversed and remanded.
Publication Date: 2018-08-14
Practice Area: Civil Procedure | Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0941
Where the evidence established that father's contemptuous conduct did not occur in open court, the trial court erred in classifying his conduct as direct criminal conduct and in denying him the procedural safeguards to which he was entitled. The appellate court vacated and remanded.
Publication Date: 2018-08-14
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0952
Trial court abused its discretion in failing to apply unclean hands doctrine to deny husband's petition to modify alimony where husband, an attorney, over the course of several years willfully submitted false documentation and testimony concerning his income. Order of the trial court vacated, case remanded.
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Authors: Michael D. Malfitano
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Publication Date: 2018-08-07
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0925
The ALJ did not abuse his discretion in finding that CYS met its burden of establishing an indicated report of child abuse against mother and boyfriend where small child suffered bruising, a liver laceration and a broken leg because ALJ found that mother's theories as to how the injuries occurred were not credible, the medical evidence showed that the injuries were the result of physical child abuse and boyfriend met the statutory definition of "perpetrator" in 23 Pa.C.S. §6303. Affirmed.
Publication Date: 2018-08-07
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0901
While the court did not adopt the parties' settlement agreement in a divorce decree, it retained jurisdiction over wife's property rights claims through the preservation language in the divorce decree, the underlying principles of equity and economic justice and the power to enforce contractual obligations. The court granted wife's petition for special relief and contempt.
Publication Date: 2018-08-07
Practice Area: Evidence | Family Law
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0912
The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.
Publication Date: 2018-08-07
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0927
Orphans' court did not abuse its discretion in terminating involuntarily father's parental rights because father made no effort to resist the obstacles that limited his ability to maintain a relationship with the child, sending only one letter in six months to child, child had not seen father in several years, child did not want to be placed in father's care and no conflict existed that warranted the appointment of separate legal counsel for child. Affirmed.
Publication Date: 2018-07-31
Practice Area: Constitutional Law | Family Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Tucker
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0885
Preliminary injunction to reverse suspension of publicly-funded referrals to faith-based foster care services was denied. Plaintiffs' motion denied.
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